and that is tonight's last word. the 11th hour with stephanie ruhle begins right now. tonight, jack smith threatens to appeal if the judge rules against him. new reporting on how trump's social media company was saved by a russian american

under criminal investigation. plus, the iowa lsu game shatters the record for the most watched women's basketball game. we'll talk all about the ladies of march madness as the 11th hour gets underway on this wednesday night. good evening once again. i'm stephanie ruhle. and we are now 216 days away from the election. jack smith has basically had it with judge cannon and the way she has handled donald trump's classified documents case. now smith is taking action to protect his prosecution. in a new filing, smith said judge cannon's legal premise was quote wrong and called trump's claim about the presidential records act a fundamentally flawed premise. the idea that he should not be charged because he had declared the documents personal. smith calls that pure fiction. he also pointed out it has been

nearly six weeks since trump moved to have the case thrown out. he wants the judge to get on with it and make a ruling asap. smith has signaled he will appeal if he loses and of course trump will likely do the same if he loses, there is news in the hush money case. the judge has denied trump's attempt to delay the trial. jury selection in that case will begin right around the corner. april 15th. that is 12 days away. mark your calendar and let's get smarter with the help of our leadoff panel. lisa rubin. katherine christian joins us. she is now an msnbc legal analyst. and mark liebamich joins us.

okay katherine. it seems like he is trying to just protect his case here. highly unlikely will go to trial before this election. >> as long as this case is with this judge, it will probably never go to trial. it is definitely not going to trial before election day. so this was easy. it is unheard of for a lawyer. being fundamentally flawed and, he is probably correct. because, everyone who has reviewed the willful retention of national defense information which 32 counts for donald trump is charged with. everyone, any legal scholar will tell you the presidential

records acts is absolutely nothing to do with it. it is a civil law. it is about the presidential records being part of the public and when the president leaves office, they should be sent to the national archives. it is a crime and the presidential records act is not an obstruction of justice and trying to delete security footage which donald trump is accused of. >> can you break down for us exactly what the situation is with judge cannon's jury selection? >> well, we don't have a trial date and she ordered them to put in proposed jury instructions. you are very close to your trial date and the jury instructions cover all sorts of issues in the case as evidence. >> so what would be the reason to do this. >> because she would like to put this issue off, not have to decide it on the law.

and make it something that the jury can decide. but of course, if this becomes an issue for the jury, and the jury is already seated by the time she gives us instruction, the federal government has no avenue to appeal. and that is why jack smith is so angry. he is essentially saying you can't hold this issue over our heads. and leave us in a position where the jury is seated and paneled, there is no opportunity for us to contest it. once that jury is in their seats, get it over with now. if we are going to appeal, we would like to do it now. >> our friend andrew weissman thinks if an appeal on this thing gets to the 11th circuit, it will reveurs cannon and she will end up bounced in this case. >> i do believe they will reverse her because she is clearly wrong on this issue. they have already reversed her twice. >> reversed her and condemned her. >> bouncing from the case, they might go back to that and say we reversed you twice.

this is repeated. you clearly cannot be fair. it can be arguably made she has her finger on the scale in favor of the defendant in this case. donald trump. >> her finger, possibly her fist. maybe her whole arm. left foot as well. possibly. mark, most people out there have lives to live. most people don't have the ins and outs and toy don't have lisa rubin on speed dial like we do. how many americans do you think are watching all of these trials and basically just rooting for their side regardless of the evidence? >> that's a great question. i think probably those who are paying attention to these, i think that has a predominating view people are looking at. i think they are looking at it probably through an election context. through ha political context. and it is kind of a sad state of affairs but it is also, it is such a noise thing at this point. there are so many cases, so

many complexities. a lot of this stuff is pretty turgid to begin with. the basic contours of that are the broad trump strategy no matter what the case is, it seems like certainly with judge cannon, he has a willing partner here. and you're right. some of the kind of hedging steps she was doing to rule on two sort of different circumstances, it was just designed to drag this out. and it seemed completely unworkable and obviously, i'm not a lawyer, but it certainly didn't seem to make any sense on that front. but yeah. i think at this point, people are watching the clock and it is just another dimension folded into the wrinkles of the election season. >> lisa, i learned a new term today that i have to ask you about. in jack smith's finalling he looks to seek a writ of mandamus. it means a higher court gets to

tell the judge to do your job. >> and it is referred to as an extraordinary form of relief in the federal rules of appellate procedure. it is not an ordinary appeal. you ask for a writ of mandamus when you can't get an appeal to be heard midway through the case. it is the only way you can get an appellate court to say to a trial judge you must do this where the issue being appealed is not one that doesn't get appealed until the end of the case. that is why jack smith says i will get a written because otherwise, i couldn't appeal this at any point in the case. >> it is clearly a new word for me. i can't even pronounce it. just last month, judge cannon seemed skeptical of donald trump's claim he declared the documents personal under the presidential records act. is there any good reason for trump's motion to dismiss to still be sitting on her desk? >> no.

and there are other motions. there is another reason. >> we have a lot of paper on that desk. >> there is a reason why jack smith has sort of had it with her. and the government has investigate first-degree claim he designated the documents as personal. >> mark, there is absolutely no way judge cannon is completely unaware of these other trump trials going along with the other threats and the rhetoric. how might that affect the case? she seems to be the only judge in america he doesn't go after. >> it is bizarre. what is bizarre, she clearly has to have some level of self- awareness or shame about how this looks for her. obviously, she is a trump appointed judge. maybe she feels some pressure

that way. but, you know, she is a serious judge. she has been to law school and everything. she has to have an idea. at this point, it looks like she is just weighing in over her head and kind of hoping this gets lost in the noise and no one notices. and she is taking shelter in the larger blur of cases going on. and by the way, i i didn't want to get out of this segment without saying writ of mandalic everybody else. i just wanted to feel included. >> i want that to be my new nickname. >> i think aileen cannon is somewhat over her head. but i'm baffled. she came to this job with real credentials. >> are you really baffled? give me a break. >> i am sort of baffled. she was a federal prosecutor before she took this job. she held that job a number of years and went to reputable law

schools and work at a very reputable law firm. i confess the one i came from. she is not a person who is a joke in terms of on paper. the fact she is to katherine's point now drowning in paper, it speaks to incompetence or level of distrust in herself or a thumb or an elbow on the scale as you posited. there is no basis for recusal that plainly says delaying so much so that the government can't get a trial is a basis for recusal. there are all sorts of things like financial interest. but the only sort of recusal standard this fits into is being overly prejudiced against one party or the other. it is hard to characterize delay as prejudice, particularly when there is nothing to appeal. >> she is drowns in paper because she is swimming the backstroke at mar-a-lago over

the weekends. she has shown extraordinary deference to donald trump from day one. >> and even donald trump doesn't allege. when we talk about the presidential records act, donald trump has never flatly said i designated these records as personal. i could have. and by taking them, that and in after of itself was a designation. but even his lawyers don't say there was a designation by him of all of these classified materials as personal to him. the fact she would then have jury instructions on that and let that issue go to a jury without either being right on the law or having any such evidence in front of her is really mind boggling. >> let's move onto the hush money trial. because judge mershan extended the gag order yesterday. and today, donald trump is reposting articles attacking his daughter again. how is this not a violation of the gag order? i would think this person would

be in serious trouble. >> if it is not a violation, it is as close as you can goat to being a violation. he is not the one saying these negative things about the daughter or the wife. he reposted. there is a photo of his daughter. >> semantics. >> but the order itself says you can't make or direct others to make statements. so semantics are our life blood. if donald trump is figuring out how he can exploit any minor loophole. that is pernicious. >> and crappy. >> he is poking the bear, what can the judge do? merchan is still the judge presiding over the trial. >> i want to point something

else out. our colleague is reporting in lancaster, new york, a man has had charges filed against him for calling terroristic threats to two people who have also been big actors in these cases against donald trump. the consequence of donald trump's threats are real. they are things like this man in lancaster, pennsylvania. there are consequences when donald trump does these things and the more his lawyers and he say this is all just part of pointing out that judge merchan is a biased actor, we have evidence to the contrary. >> now let's talk about da donald bragg. he called out donald trump. trump is requesting a delay because of all the publicity around it. there is all this publicity

because trump has created all of this publicity. donald trump has made it this giant ridiculous show. so, is there any possibility that trump will be successful in getting the delay he wants? >> i mean, i would be totally shocked. not only is he creating this, the fact this is adding to the notion of this. it is ridiculous. to have any success getting anywhere with this. but again, part of the same, just ridiculous sort of cycle of arguments that just becomes what he hopes will become an ongoing delay that will delay the trial but it doesn't look like it will work. >> i have to ask you about the guy who posted donald trump's bond in the civil fraud case. though there was an issue with

the way they did their paperwork. tell us about this guy who he is and why he would do this. >> he is an 80-year-old billionaire in los angeles who made his money in the auto industry. he is the so-called king of sub prime auto loans. he is 128 on the list of billionaires. but he is not a particularly well known person and not a well known entity where it comes to surety bonds. in fact, when the trump organization told the judge they didn't think they would be able to get a bond, they listed in a footnote the names of almost 30 companies they consulted. his was not among them. so while he has a lot of capital, access bank which has loaned to donald trump, he is not a person who has at least from what we understand so far,

a ton of experience in surety bonds. he reached out to donald trump and said we want to help. he said this is a business decision. i'll let you be the judge. >> before you go, katherine, i want you to explain one thing to us. why this bond is so important. by contrast, alex jones has not paid out one single dollar of the hundreds of millions he owes to the sandy hook families. in his case, he never posted a bond. >> that is why it is so important. to ensure that if donald trump loses his appeal, that the money will be paid. that the attorney general is waiting to enforce the judgment. if she wins the appeal. >> so she wins the appeal. and immediately, that money gets to be drawn down? >> soon there after. >> we'll see what happens on the alex jones side.

mark, thank you, katherine, lisa. thanks for starting us off. when we come back. the trump media bailout. turns out the company that was rescued, his company truth social was rescued by guess who? a russian american who happened to be under control under criminal investigation. and ruby red alaska may not be a battleground state, but he could shake up the presidential map in his favor. he might not be thinking about nebraska but we'll tell you why he may need to. he may need to.

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you will want to lean in and pay attention to this one. despite a crazy week in the markets, donald trump's media company is still worth billions of dollars. it is a pretty remarkable turn around when you consider little truth social was two years ago. according to a new report, the company needed emergency loans just to keep the lights on. guess who saved them? a russian american businessman who at the time happened to be under criminal investigation. our friend hugo joins that now. he is a political investigations reporter for the guardian and nbc news correspondent vaughn hillyard who covers donald trump on the campaign trail is here with us in new york. hugo, this is some story. lay it out for us.

what did you learn? >> yeah so it is important to understand the background of the story. in 2021, 2022, trump media received 8 million-dollars in loans from the es family trust. it appeared to be this trust of loaning money in exchange for convertible notes. they would gain a share of the post merger. but the family trust as we found out was something of a shell entity. and it was actually being accessed and controlled by a guy called anton, a russian american businessman who was the subject of a federal criminal investigation that encompassed an insider training angle into the same trump media deal and money laundering element. and the prime architect of this

just pleaded guilty today in federal district court. >> here we go. a shell company with a russian american wealthy businessman who was under criminal investigation at the time. you not knowing any background on this story, does it surprise you in any way that when they needed emergency funding it wasn't jp morgan? >> it is great reporting by hugo. and donald trump does not necessarily know about the arrangement himself. and this is for donald trump, he has so many entities at this point, so many loans. so much need for cash, he doesn't have an understanding of where all the money is coming from and where loans like this are coming from. and so no. it does not surprise me. and when you look at truth social, you look at the fact that trump media lost $53 million last year. you just go and scroll through truth social and you see the advertisements on this year. you have my pillow.

you have trump 2024 bobble head. being sold. these are the types of ads. they are not bringing in high market companies. >> i'm not sure the my pillow guy is paying for the ads because he has back rent he hasn't covered. hugo, tell us more about this russian american businessman. he is actually still under investigation. walk us through more of who he is. >> he lives in florida. we believe he has a property on fisher island. he likes the high life. it turns out, he is the nephew of a guy called alexander smirnov who for some time was the first deputy justice minister in russia for the kremlin. a putin ally in that respect. and is now the director of sfu

in russia. and the russian connections don't just end there. we looked at the creation papers for the trust. we understand that yes stands for elena. we don't know the connection but we know based on a copy of her passport she lives in moscow. and the settler of the trust is also russian. a lawyer based in saint petersberg russia, also worked for the russian federal government. there are russian tentacles extending all the way through the trust and the money that gets funneled to trump media and truth social. when we step back and look at all this, the one thing most concerning is not so much the russian element but also the fact that anton is the co-owner

of this bank. paxun bank does not have a license to make loans in the u.s. so the concern we identified in the story is that it is potentially the case that he facilitated a loan to trump media not through paxum bank, but through the show entity he controlled and that's a question for investigators to see if that was above board. >> on many levels you would think that donald trump now having a multi billion dollar publicly traded company under the ticker, d, j, t, it is currently valued at billions and billions of dollars, this would be his dream of dreams. perfect for his businessman titan image. yet it seems in the last week- and-a-half, he had one post about it that said it was really a good company. you would think he would be pounding his chest talking

about it. his campaign would be. what is it like on the trail? from where i sit, it seems conspicuously quiet. >> for a man who boasts ant doesn't have much humility and claims to be the smartest guy around, this is something he doesn't boast much about. sometimes he says does everybody have truth social? but for donald trump who like to go to war with other companies, it's not like he banned his campaign staff from twitter. that is still their main portal. there are about 9 million can'ts right? we don't know what the 9 million can'ts are. but compare that to telegram. more than 100 million. you have instagram. 400million users still on twitter. there is an acknowledgment that the power is not within the truth social app. that is not where the power lies and donald trump is aware of that. >> which could be one of the

reasons why this country is one of the most shorted company. the kind of company that truth social has been acquired by. there is a huge amount of investors betting that the stock price is going to nose dive. what can you tell us about that? >> look. i think it is a good point. the underlying business fundamentals of truth social are not great. the only thing that is keeping any value in this company is the fact that trump exclusively posts on truth social. the moment trump levers and tweets and his campaign is well aware of this, this is why he has not returned to twitter despite having various discussions like elon musk. it is because the moment he does that, the value of truth social will tank. it has a low user base. no other revenue screen. maybe it says a deal with

rumble about video platforming but the fundamentals are garbage. this is very apparent to anyone. and i think this is the problem that truth social is facing and the problem that truth social will always face. there is one caveat to this. there is a hard floor. ten dollars per share it can't fall below. so if you shop this stock, do it before it is close to the 10. >> thank you so much. when we come back, trump pushing for a winner take all outcome. this is the most important story that you probably haven't heard about. how a possible rule change in nebraska's election could end up making it harder for president biden to win in november. you don't want to miss this story. the 11th hour will be back in two. two.

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this story really matters. donald trump and his allies are mounting a pressure campaign in the state of nebraska that could alter the entire election. the former president and governor jim pillin are now calling on the state legislature to change how it doles out votes. nebraska is one of only two state that's awards electoral votes this way and this move would certainly benefit donald j. trump. and we found out moments ago,

nebraska legislatures have blocked the electoral college vote change for now. back with us now. the host of podcast. this seems tiny. but, if it went through, right, this block could be temporary because trump and his allies are pushing for it. it could have a huge impact on the outcome of the entire election in november. >> nobody doubts this race would be close. but a single electoral vote could change the outcome of the election. and what nevada is doing. what they are trying to do, is to award whoever wins the state

all the electoral votes. right now. nevada and maine i believe are the two remaining states who award electoral votes by whoever wins the congressional district. and there is one blue dot in nevada. which is reliably democratic. and democrats have counted on that. but the difference between donald trump, 2016 and donald trump, 2024, he never expected to be president 2016. he thought it was a way to get attention. get a bunch of press and endorse chris christie. he is not stumbling this time. he knows the electoral map and. they are doubling down in nevada and they will do all they can to get the single vote. because there is certainly a scenario in which one vote could swing the election. >> i know you mean nebraska, not nevada. juanita, this will not gain any

traction until far right activists start an aggressive pressure campaign against the government. is this just another example of who is in charge of the gop? donald trump sends out the hounds and they go after who is in charge. >> it is not only a question of who is in charge of the gop now. that is clear that is controlled by the extremist parts of that party. but it is also about how republicans are so ready to change a system of how a president is selected months before an election. they are the trying to interfere with the election in a preemptive way. and that is clearly out of trump's play book. he is already making the claims about the integrity of the election. but it is him and republicans who are also trying to change the rules. and that is something that should give everyone alarm and concern. i'm so grateful to hear the latest reporting out of nebraska that it was rejected

and i appreciate hearing that the author of the bill said they don't have the vote to overcome a filibuster. so that is something that is reassuring right now. but like you said steph, this isn't a done deal. they will keep pushing and if this election turns out to be a 269-269 split, that is disastrous. then it would go to the house to be decided and that should concern all the voters in the election. >> we learned today that the man who rammed into a barricade outside the fbi atlanta office is a hard core trump supporter allegedly linked to qanon which is the epicenter of the craziest of conspiracy theories. what do you make of that? >> well, stephanie, it is more evidence, not that we needed any, that the far right is

picking up the signals. that they have gotten for a long time from trump. and, the way they interpret that language and those signals from trump land manifests itself in this kind of violence. so the great fear i have, this is one isolated incident. there are more of them all the time. that led to january 6th. it is just, one is a point and two is a pattern. and three is a problem. >> how about this problem? that some are getting strategic? juanita, nbc identified seven candidates running for office this year who are either at the capitol on january 6th or attended the rally beforehand.

how concerning is that? they are not just breaking the law. some are looking to be lawmakers. it is the same thing that will keep happening. not only have they drunk the trump cool aid, but they intend to continue to inflict harm. at multiple levels of government. the enduring impact of trump's election lies. that is not going to stop with these candidates but it will continue with the threats we have seen impacting electionwork workers. that is where this concern will continue and it is likely going to increase and get worse as we get closer to november. so looking to congress, federal

officials, election workers, secretary of states across the country for what protections they are putting in place to make sure this election can happen free and fair and without threats to the people and the volunteers working at the polls. >> it is a losing strategy for the gop. i'm thinking the state of maryland and pennsylvania where far right people ran for governors and they are currently unemployed. >> well, yeah. in trump world now, you must be willing to say that the election was stolen and if not, not only are you not a card carrying member of maga, but increasingly, you have to be an election denier to even run for office. but, as you said, it is a short term gain in the primaries and with the maga supporters.

but it has consequences. as it should. >> all right then. mark, juanita, thank you both for being here. when we come back, the segment i am most excited about this evening. a history making night for women's basketball viewership. slattered records with more than 12 million people tuning in. what this explosion and popularity means for women's sports and all sports when the 11th hour continues. the 11th hour continues.

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how do you describe this feeling in this moment. >> getting back here is really hard. this region is loaded with so much talent and my job is not finished. >> monday night's rematch between iowa star point guard katelyn clark and angel reese made history as the most watched women's college basketball game. here to talk about this amazing moment in women's sports are two amazing women in the world of sports. former wnba star la china robinson. and jamel hill. host of the must listen

podcast. jamel hill is unbothered. you had a post that was extraordinary. you wrote for every former women's basketball player that had to play in an empty gym, and you went the college before the digital era. so you might get one tv game. and your mom wrote into the newspaper every time they didn't print the women's scores. 12.3million is for you. you mattered then and you still do. how does this moment feel right now? >> this moment feels incredible for a lot of people. when you think about it. title 9 is 52 years old so women have been playing sports at the collegiate level and there have been more opportunities. we still have not had equity in other areas when it comes to media coverage. when it comes to dollars from sponsors. all the things that allow sport

for women to truly grow. or that they needed to have. they didn't have. and what we are seeing now is really the perfect storm. first of all, we are watching a generation play basketball that has never been without the wnba. with the professional women's basketball league. with 144 of the best players in the world, they are now looking up to the asia wilsons of the world. we have had the lisa leslies that have gone before then. so you have a generation with something to aspire to. and they have also had their phones. where they could pick it up and google and watch highlights and really learn the electronically. yes, we love what the players do between the lines, we are also learning more about them as people. their personalities. what they are like off of the

court. there used to be a time when they had to wait for the media to come to them. we are learning more about them. they are connecting with a more general audience. it is the perfect storm of a lot of things. finally, many of these major brands are putting dollars in. i heard a number two years ago that less than 2% of sports sponsorships were going to women. how do you expect them to grow and have reach when there is a shortage of investment? the question is always what comes first? the chicken or the egg? what is happening finally, we invested now. and we see that in a night like the other night. peaking at 16? they say no one watches women's sports? i can't tell. >> not anymore. what is it about these young women, jamelle that over 12 million people on monday night.

and recently, are simply saying i got to watch this. what is it about this group of women? >> there is just a major story line to follow. this was a repeat matchup. the grudge match being finally settled between lsu and of course, iowa. the thing that the women are allowed to do. and in a weird way, it feels bizarre to praise it for this because the men players can be one and done. spend a year outside of high school. in college or g league. because the men are leaving college basketball so much faster, i think story lines, you don't get a chance to follow the player it is way you did. people have watched katelyn

clark mature and angel reese ma sure. so all across the entire tournament where we talk these two teams or south carolina. you are able to see stars you have learned. stars you have been able to watch. and this adds to the growth that lachina is hinting at. with all sports you need drama and entertainment so you have the drama of katelyn clark trying to cement herself as one of the greatest ever by pursuing a champion. by putting out the defending national champions. you have that going. you have a lot of juicy elements that made it must watch tv. for someone covering sports around the time the nba started, to see where the game is now, not just at the professional level but the college level. this is the most athletic and

skilled that this league has ever been. and to see it maturing and the women, as lachina noted in her wonderful twitter post. knowing what they gave to the game early on. by the way, this is just the beginning. not really the beginning but an ongoing process. to see this taking root for women to say look, 12.3 million viewers. all those excuses, they go out the window now. and it is wonderful to see this sport get its due. >> well, ladies, i hope this is just the beginning of our conversation. there is so much more i want to cover. sadly, we are out of time. thank you both for being here. this is a great story to tell. please come back soon. and on that note, i wish you at home a very good night. but don't go to bed just yet.

you can catch me tonight late night with seth meyers on nbc. so from all of our colleagues across the networks of nbc news, thanks for staying up late. i'll see you in about 30 minutes on nbc and here tomorrow. goodnight. tomorrow. goodnight.

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tonight on all in. >> what donald trump is is asking cannon to do is render the presidential records acts meaningless. >> tonight, what it all means for the classified documents case in flid